• Created by: Alia
  • Created on: 11-06-13 15:44
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  • Vicarious Liability Question 2
    • Intro
      • Vicarious Liability is where one party are held liable for the tortious acts of another
        • Employee/employer relationship however Morgans v Launchbury
      • 3 conditions  which need to be met in order for an employer to be vicariously liable
        • Must be an employee opposed to an independent contractor
        • A tort must be committed.
        • Must have happened within the course of employment
      • Strict Liability, liability is found regardless of fault but no of tests demonstrate otherwise
    • 1st paragraph
      • asses whether a person is an employee
        • Frolic, H v TB, P v . Heavy criticisms due to harshness who is held liable hasn't actually committed the tort
          • Deterrent as employers should be aware of their employees actions and should take care when they are looking to hire an employee.
    • 2nd paragraph
      • control test, Yewens v Noakes, mersey docks and viasystems
        • Intergration Test - Stevenson v Jordans
          • Economic Reality Test or Multiple test, Ready Mixed Concrete.. NI TAX AND OWNERSHIP OF TOOLS
    • 3rd Paragraph
      • Justifications + Non-Justifications
        • Use case law to build up examples
          • Trotman and lister - inconsistencies
        • Man of straw - benefit employer - rose v plenty, twine v beans express
        • Civil Liability Contribution Act claim back off their employess - Lister v Romford Ice
        • Charity- Maga- negative implications on society - Trotman
        • Close connection test
          • Broaden the normal test and adds extra deterrent
      • Competent and reliable worker - more than capable of disciplining employees for unsafe practices.
        • Century Insurance - unjustified when the employer incurs liability
    • Conclusion
      • Still injustice, inconsistent and not strict
        • Untitled


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